State v. Tribou

• Decision Date: 27 February 1985
• Citation: 488 A.2d 472
• Parties: STATE of Maine v. Michael TRIBOU.
• Court: Maine Supreme Court

Page 472

488 A.2d 472

STATE of Maine v. Michael TRIBOU.

Supreme Judicial Court of Maine.

Argued Jan. 23, 1985.

Decided Feb. 27, 1985.

Charles K. Leadbetter, Eric E. Wright (orally), Asst. Attys. Gen., Augusta, for plaintiff.

Law Offices of Palmer & Ames, Lucy E. Bettis, James G. Palmer (orally), Brunswick, for defendant.

Before McKUSICK, C.J., and ROBERTS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

WATHEN, Justice.

Michael Tribou, the defendant, appeals from judgments of the Superior Court (Kennebec County), entered on the jury's verdicts, convicting him of murder in violation of 17-A M.R.S.A. § 201(1)(A) (1983) and of aggravated assault in violation of 17-A M.R.S.A. § 208(1)(B) (1983). On appeal defendant raises two main points of error: 1) that the court erred in failing to suppress statements made by him after his arrest, and 2) that his mental condition at the time of the shooting precluded a rational factfinder from finding him guilty of murder. We find no error and deny the appeal.

I.

In the late night of September 28, 1983, defendant shot Richard Cote and Mary Tribou with a .41 revolver. Mary Tribou survived the shooting, but Mr. Cote died of his wounds. At the time of the shooting, Mr. Cote and Mary Tribou were dancing together at the Courthouse Lounge in Waterville.

Defendant had been married to Mary Tribou for approximately two years and was divorced on September 8, 1983. The record contains evidence that defendant continued to have contact with Mary Tribou after the divorce, and that defendant was jealous of other men, including Mr. Cote, who socialized with Ms. Tribou. On the night of the shooting while driving Ms. Tribou to the Courthouse Lounge, defendant told her that he wanted her to stop seeing Mr. Cote. Defendant also advised his ex-wife that she could "fast dance" but was not to engage in "slow dancing" with anyone.

The Tribous arrived at the Courthouse Lounge shortly after 10:00 p.m. Ms. Tribou left defendant to talk to Mr. Cote. Defendant asked his ex-wife to leave with him. When she refused to go he said he was "going home to kill myself." Before leaving, however, defendant broke the windshield of Mr. Cote's truck.

Defendant drove home, but he testified that he does not remember the actual trip. Before reaching the trailer, where he lived, defendant stopped at a convenience store. Next, he talked briefly with his mother at his trailer and rested for a few minutes on his bed. Defendant then returned to the Courthouse Lounge.

When defendant arrived at the Courthouse Lounge, he talked to Mr. Cote about paying for the broken windshield. Defendant also made several unsuccessful attempts to speak to Ms. Tribou after which she and Mr. Cote began to dance to a song she requested, called "Between the Sheets." Defendant testified that "Mary was looking at me with her head on his shoulder smiling, something, and then I just remember I--her squeezing him and putting her head down and I--I am not sure what it was. I just remember a weird feeling ... a weird feeling, that sunken, tight feeling." Defendant stated that he remembered neither the shooting nor most of his attempted escape.

Witnesses to the shooting testified that defendant walked close to the dance floor, reached under his jacket and pulled out a gun, and shot Mr. Cote in the back from about six feet away and then shot Ms. Tribou in the leg while she was lying on the floor. After the shooting defendant moved quickly to a rear exit, got in his car, and drove away.

The police pursued defendant to a logging road near his mother's house. Defendant's mother helped the police persuade defendant to surrender. Defendant was placed in a police car and was read his Miranda rights. He was not questioned and did not ask for a lawyer; he did, however, direct the police on the best route to the main road.

The police took defendant to the Waterville Police Station where he was placed in a cell. His clothes, except for his undershorts, were confiscated, but he was given a large blanket. A District Attorney was called to the station and questioned defendant after defendant again was read his Miranda rights. Defendant indicated that he understood his rights but was willing to talk and did not want a lawyer. Defendant was questioned from about 1:10 a.m. to 1:50 a.m. on September 29. The resulting statement describes defendant's thoughts and actions on September 28.

An intoxilizer test revealed that defendant's blood alcohol level was .009. In addition to the results of the intoxilizer test, other testimony was given as to defendant's physical condition while in police custody. No police officer believed that defendant was under the influence of alcohol or drugs, but some officers detected the odor of alcohol on defendant's breath and one officer thought he smelled marijuana on defendant's person. In the early evening of September 28, defendant drank an undisclosed amount of rum and smoked approximately 3-4 marijuana cigarettes. At the police station, defendant complained of an upset stomach and was given an antacid tablet. Defendant testified at trial that he vomited twice while in police custody.

Defendant was charged with the murder of Mr. Cote, the attempted murder of Ms. Tribou, and aggravated assault on Ms. Tribou. Defendant pleaded not guilty and not guilty by reason of insanity. After a jury trial, defendant was acquitted of attempted murder, but convicted of the other charges. Before the trial, defendant filed a timely motion to suppress all "evidence oral or tangible obtained directly or through the Defendant by any agent of the State of Maine." A suppression hearing was held in March 1984 at which the State presented seven witnesses and defendant presented none. Defendant asserted several grounds for suppression. On the only ground pertinent to this appeal, the presiding Justice ruled that the State proved that defendant had been advised of his Miranda rights and that he had "knowingly, understandingly and voluntarily waived his right to remain silent." Consequently, defendant's statements made before defendant requested a lawyer were found admissible.

II.

Defendant contends that on the night of September 28, 1983 and the early morning of September 29, 1983 he suffered from a mental disorder which adversely affected his mental faculties and made him "legally incapable of waiving his right to remain silent." Therefore, defendant argues that statements he made while in police custody are inadmissible. The State has the burden of proving by a preponderance of the evidence that a defendant's waiver of Miranda rights was knowing, understanding, and voluntary. See State v. Knights, 482 A.2d 436, 440 (Me.1984).

A motion Justice's determination that a defendant waived his Miranda rights will be upheld if the record provides rational support for the Justice's conclusion. See State v. Condon, 468 A.2d 1348, 1350 (Me.1983). In this case the motion Justice found that:

The State has proven beyond a reasonable doubt that the defendant was fully and adequately advised of his "Miranda" rights and that he knowingly, understandingly and voluntarily waived his right to remain silent. No promises, threats or inducements of any kind were made to entice the defendant to waive his rights.

Only evidence presented to the motion Justice is considered in deciding whether the record supports the motion Justice's determination. See State v. Stone, 397 A.2d 989, 998 (Me.1979). The suppression hearing record fully supports the determination of the presiding Justice that defendant's waiver of his Miranda rights was made knowingly, understandingly, and voluntarily.

Defendant does not dispute that he was twice given Miranda warnings, and that he twice indicated that he understood each of his rights and was willing to answer questions without the assistance of counsel. Rather, defendant asserts that he was suffering from a severe mental disorder which precluded a voluntary waiver of rights. At trial, defendant presented an expert witness who testified that defendan...